Ralph Leon Hays, Jr., - Page 8

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          advance deposit to respondent.  Prior to the $31,000 remittance,            
          petitioner had not filed an estimated return or made estimated              
          payments of his Federal tax.  More significantly, petitioner did            
          not file a declaration of estimated Federal individual income tax           
          pursuant to the requirements of section 6015.6  A review of the             
          section 6015 requirements in effect at the time of the $31,000              
          payment reveals that petitioner was not required to file a                  
          declaration of estimated tax.  At the time he made the $31,000              
          remittance, the only income earned or that petitioner expected to           
          earn during 1980 was subject to withholding.                                
               Although of less significance, we note that petitioner                 
          attempted to make the remittance (deposit) without the aid of a             
          tax professional.  Under these circumstances, his explanation of            
          the use of the notation "1st Est 1980" is more plausible.  We are           
          also cognizant of the conditions under which petitioner decided             
          to make the remittance.  The use of cocaine, the influences of              
          his divorce proceeding, his illegal activities, and his knowledge           
          that he was becoming less rational due to drug use support                  
          petitioner’s position of a generalized advance tax deposit as               
          opposed to a payment or estimated payment for a specific year.              
          In the same vein, petitioner was already engaged in a pattern of            
          failing to file returns.  It would be difficult to find the                 



               6 Sec. 6015 contained the monetary thresholds and the                  
          procedural requirements for filing a declaration of estimated               
          income tax by an individual.  It was in effect for the taxable              
          year under consideration, but was repealed for the taxable years            
          after calendar year 1984.  Deficit Reduction Act of 1984, Pub. L.           
          98-369, sec. 412(a)(1), 98 Stat. 792.                                       

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